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2004

Politics

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Articles 61 - 77 of 77

Full-Text Articles in Law

Patent Politics, Michael Henry Davis Jan 2004

Patent Politics, Michael Henry Davis

Law Faculty Articles and Essays

To observe that so-called intellectual property (IP) flowered in the late twentieth century, even supplanting, to a large extent, the place of real and tangible personal property in terms of corporate, if not individual, wealth, is almost trite. Since IP has become the bedrock of most commercial wealth, especially in international trade, and since international trade is, or is about to become, the center of most commercially valuable trade, a comprehensive understanding of IP has become essential. Instead of being the reserve of technicians, the field demands a full examination by jurists and the larger society.Although IP literature has blossomed, …


Securing Deliberative Democracy, James E. Fleming Jan 2004

Securing Deliberative Democracy, James E. Fleming

Fordham Law Review

No abstract provided.


Gender, Democratic Citizenship V. Patriarchy: A Feminist Perspective On Rawls, Marion Smiley Jan 2004

Gender, Democratic Citizenship V. Patriarchy: A Feminist Perspective On Rawls, Marion Smiley

Fordham Law Review

No abstract provided.


Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster Jan 2004

Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster

Fordham Law Review

No abstract provided.


Tort, The Division Of Responsibility And The Law Of Tort, Arthur Ripstein Jan 2004

Tort, The Division Of Responsibility And The Law Of Tort, Arthur Ripstein

Fordham Law Review

No abstract provided.


Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene Jan 2004

Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene

Fordham Law Review

No abstract provided.


Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards Jan 2004

Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards

Fordham Law Review

No abstract provided.


Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams Jan 2004

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams

Articles in Law Reviews & Other Academic Journals

In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …


The Donation Registry, Robert D. Cooter Jan 2004

The Donation Registry, Robert D. Cooter

Fordham Law Review

No abstract provided.


Politics, Morals And Embryos, George J. Annas Jan 2004

Politics, Morals And Embryos, George J. Annas

Faculty Scholarship

Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …


J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman Jan 2004

J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly Jan 2004

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …


Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle Jan 2004

Atypical Pneumonia And Ambivalent Law And Politics: Sars And The Response To Sars In China, Jacques Delisle

All Faculty Scholarship

No abstract provided.


Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark Jan 2004

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Role Of Politics And Policy In Television Regulation, Christopher S. Yoo Jan 2004

The Role Of Politics And Policy In Television Regulation, Christopher S. Yoo

All Faculty Scholarship

This article is a reply to Thomas Hazlett’s commentary on my article entitled, “Rethinking the Commitment to Free, Local Television.” Although politics and public choice theory represent an important approach for analyzing government actions, economic policy still exercises some influence over the regulation of television. On the one hand, we agree that the regulatory preference of free television and local programming is more a reflection of political considerations than economic policy and that the importance of promoting communities of interest over geographic communities, and the potential for new services such as Digital Audio Radio Services to benefit consumers. On the …


Constitutional Hardball, Mark V. Tushnet Jan 2004

Constitutional Hardball, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

For the past several years I have been noticing a phenomenon that seems to me new in my lifetime as a scholar of constitutional law. I call the phenomenon constitutional hardball. This Essay develops the idea that there is such a practice, that there is a sense in which it is new, and that its emergence (or re-emergence) is interesting because it signals that political actors understand that they are in a position to put in place a new set of deep institutional arrangements of a sort I call a constitutional order. A shorthand sketch of constitutional hardball is this: …


Post-Realism, Or The Jurisprudential Logic Of Late Capitalism: A Socio-Legal Analysis Of The Rise And Diffusion Of Law & Economics, Eric M. Fink Dec 2003

Post-Realism, Or The Jurisprudential Logic Of Late Capitalism: A Socio-Legal Analysis Of The Rise And Diffusion Of Law & Economics, Eric M. Fink

Eric M Fink

One problem that is ripe for socio-legal inquiry is the emergence and diffusion of the Law and Economics movement. A socio-legal approach would consider Law and Economics not simply as a style of legal analysis or a school of thought within law, but as a discursive project, constituted by and constitutive of an emergent socio-legal matrix. That approach would be attentive not only to the instrumental significance of Law and Economics, but also what difference, if any, Law and Economics makes in deciding legal cases; who employs and benefits from Law and Economics; and similar concerns. This approach would additionally …